MLA MLC (Opp.), elected in Masisi, North Kivu, Dunia Bakarani was recognized Rwandans and put in custody by a court of Gisenyi. THE DIGITAL PHOTO SOFT.
ONLINE SUBMISSION September 24 | THE INTERNATIONAL SOFT N ° 1010 DATED September 24, 2009.
The MLC could lose by invalidating one of his deputies, Bakarani Dunia, a Tutsi elected Deputy of the territory of Masisi (North Kivu) in the last election. Pursued by a Rwandan bank in a case of embezzlement, arrested, man has invoked his status as a National Deputy r-dcongolais thereby enjoying parliamentary immunity. But a court in the Gisenyi dismissed recognizing as Rwanda. "At least one man having dual nationality. And ordered the prosecution and cons Bakarani put on deposit.
Already three hearings in the trial took place. The third was scheduled Tuesday, September 22. It should focus on procedural matters of custody. At the hearing on September 17 before the court based in Gisenyi, prosecutors said Dunia Bakarani continue to "abuse of trust" and "misappropriation of funds belonging to the Access Bank, a private bank in Rwanda.
Lethal Weapon DUNIA FOR REMOVING THE CLAWS OF HIS JUDGES.
The Dunia Bakarani deputy was arrested September 5 by police Rubavu in Gisenyi. Access Bank is accused of having contracted fraudulently appropriated an amount RwF worth 100,000 U.S. dollars, in complicity with the manager of the bank - a Rwandan - which is also under arrest.
Me Buhuru, the general counsel of Dunia Bakarani, made an exception in evoking the quality of the accused shall enjoy immunity as a MP in office. He demanded his release, pure and simple.
According to Mr. Buhuru his client has the privilege of immunity and that in his capacity as deputy foreign function to be exempt from prosecution on the territory of Rwanda. Response tit for tat. Oscar Badiga, public prosecutor, responded by invoking Article 6 of the Rwandan Penal Code which authorizes the Rwandan courts to prosecute any person (r-dcongolaise or otherwise) who commits a crime on the territory of Rwanda, except the representatives of the diplomatic function or mission in Rwanda.
The prosecution said that in this case, Dunia Bakarani was not an official mission to Rwanda and to the facts alleged against him plus the offense of residing on the territory of Rwanda. Given that the complainant has presented no diplomatic passport or other document of immigration shows that its regular entry on Rwandan soil.
Driven into a corner - and not aggravate the case that his client would have been illegal on the territory of Rwanda without having the necessary paperwork - the lawyer Dunia Bakarani released the weapon to try d ' Dunia Bakarani extract from the clutches of the Rwandan justice: his client would have the double nationality.
Clearly, if the Deputy National MLC Rwanda, it is also a citizen of L-dC. And the lawyer said that the Rwandan Constitution allows dual citizenship. The lawyer has admitted that his client is a citizen of Rwanda since having the Rwandan nationality. Thus, it is not obliged to submit any document to justify his stay in his own country. According to Mr. Buhuru, Dunia Bakarani came to Rwanda as Rwandan citizen and not as citizen-r dcongolais.
THE Rwandan-R-DCONGOLAIS LEAK IN KINSHASA.
Decision of the presiding judge basic Gisenyi, J. Rutaremara Felicien, which postponed s'esr to Article 6 of the Rwandan Penal Code: "The court accepts the status of dual nationality Dunia Bakarani accordance with the Constitution of Rwanda. The court accepts that Dunia is in Rwanda as a citizen of Rwanda, with residence and domicile in Rwanda and not as member Congolese living in Rwanda. And ordered that he be prosecuted as such have committed a crime on the territory of Rwanda. "
For many lawyers, except the privilege of immunity raised by Me Buhuru not justified. Recall that in the case of Access, twenty people, all Rwandan-r-dcongolaises were arrested despite they have repaid the funds received. According to sources close to the floor near the court based in Gisenyi, some personalities involved in this case are in the territory r-dcongolais.
It speaks emphatically the case of the wife of a businessman-r dcongolais affecting Goma in North Kivu. At last report, he had sent to Kinshasa to avoid the prosecution of Rwandan justice. It is in this case policy issues very awkward for the Movement for the Liberation of Congo. How does a political party could he accept her in a stranger, or at least someone with a dual nationality? How had he presented as a candidate in an election that could be part of that L-dCongolais?
The question could equally apply to the Independent Electoral Commission, IEC. She who had organized the operations of recruitment, as the polls?
Joint Wednesday, September 23, the general rapporteur of the CIS, Dieudonne Mirimo said the Soft International "that the conditions, under the Constitution for a person to be enrolled in this is that the officer committed the enlisting one of the following documents: a certificate of citizenship, a passport valid identity card for years MPR-party state, a service card.
TO THE DEFEAT OF MEMBER MLC.
"But the CIS has done better: it has posted lists of recruitment for social control and we do not recall that anyone has denounced anyone in the electoral district of Masisi. Perhaps had they fear ...».
He continued: "We assume that cases Dunia Bakarani are numerous. Parliament to act ...». He recalls how identity cards - the famous green colors of the Mobutu years - were falsified, especially in Kivu.
It is true that the issue of dual nationality parliamentarians r-dcongolais had been much discussed at the beginning of the current Legislature and a moratorium was granted. Since we know more ... The case of Gisenyi stirs up this issue and may lead to the invalidation of MLC MP ... It embarrasses the MLC, to date, acknowledged that one of his deputies was arrested and prosecuted in Rwanda in a matter of law.
NADINE KUTA.
lesoftonline.net 24/09/2009
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